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Marissa C.

Proof needed for Adam Walsh act?

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Filed: AOS (pnd) Country: Canada
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My husband is a registered sex offender (long story, but I assure you he didn't do anything).

Anyway, about the Adam Walsh act. We tried immigrating last year and we were told that we needed proof that he wasn't of any harm to me. His lawyer at the time had a psychiatrist do a risk assessment and it came back that he was of no threat to the general public. In the SO registry, he's classed as not likely to reoffend.

We couldn't get the proof in time, and I ended up getting really sick and had to go back to Canada for medical care, so I self deported.

We just sent off the I-130 for the second time last week and are trying again. Is this risk assessment good enough for the Adam Walsh act? Anything else we could use?

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Include all the evidence you can when you file again this time. As to try to avoid an RFE , submit all evidence that he is safe. Get a polygraph if he can, before submitting

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

atckcgod5n.png

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  • 2 weeks later...
Filed: K-1 Visa Country: Philippines
Timeline

Include all the evidence you can when you file again this time. As to try to avoid an RFE , submit all evidence that he is safe. Get a polygraph if he can, before submitting

After submitting all evidence the wait time for most is 2.5 to 3 years and for some more.

The majority of all time is spent in Background checks or at least listed as such as there is no transparency as to what happens to any claim AWA or not.

The Agency USCIS has no time limitation as to when it must present background findings or complete it search.

I do not tell you to frighten you but to prepare you an your husand for a long process which does not have any guarantee as to the decision that will be made.

Learn from the past; live for today; Hope for tomorrow.

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Agreed if you are from Canada why not petition him to Canada? I would guess its much easier since they dont have AWA

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

atckcgod5n.png

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Filed: Country:
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Agreed if you are from Canada why not petition him to Canada? I would guess its much easier since they dont have AWA

But Canada does have rules blocking entry for persons with many convictions including DUI & most things covered by AWA!

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  • 3 months later...
Filed: AOS (pnd) Country: Brazil
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Im in the same situation...we r from New Hampshire and applied in August but only got the receipt notices 9 weeks later because Chicago Lockbox lost our application. We got a receipt notice last week and 2 days later a biometrics appt scheduled on 10/31/12 next week and today just got a RFE because my husband is a sex offender and we fell under the Adam Walsh Act. He was 18 and had sex with a 16 year old girl that told him she was 18, he also took a bargain to plea guilty and did 2 years in prison. That happened 18 years ago. We've been married for 2 years now and he obviously poses no threat to me or anyone else his crime was just being dum enough to believe what that girl said. They wanna make sure that he poses not threat to me or society. How can we provide such proofs?

Is it better if we involve the Human Rights Comission or ACLU or we just provide them the evidence and wait for it...we r so worried...please help us

Also how long it takes for them to look at the evidence and make a decision?

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  • 3 weeks later...
Filed: K-1 Visa Country: Philippines
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3.5 years later we have recieved our RFE with intent to deny last week.

My attorney is at a loss as we sent everything available to him and myself.

We are submitting eevrything again.

The only thing they have done is cost me a few thousand more in money.

It seems they try to wait you out then weed out people who are not as financially able to meet their BS.

goodluck all

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  • 8 months later...
Filed: K-1 Visa Country: Philippines
Timeline

@evli1966, your love was great,can you tell me how you handle your relationship with your fiancee in the Philippines?I think we are in the same boat.pls. inform here if your petition was been approved.hope you have a great day. God bless both of you.

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Filed: K-1 Visa Country: Philippines
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@evli1966, your love was great,can you tell me how you handle your relationship with your fiancee in the Philippines?I think we are in the same boat.pls. inform here if your petition was been approved.hope you have a great day. God bless both of you.

we were denied

we are prepared to appeal as high as we can go mentally and financially

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Filed: K-1 Visa Country: Philippines
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@evli1966,thank you for the reply.just keep your faith to God.Everything have purpose and there is time for everything. We just live according to what God's plan for us.Have a blessed day.

Thank you

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  • 3 weeks later...
Filed: AOS (pnd) Country: Russia
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we were denied

we are prepared to appeal as high as we can go mentally and financially

We are denied as well after submitting a bunch of evidence as we thought. We are thinking about reopening the case & including the new evidence. We just want to know what else they want from us. What are you guys doing next?

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Filed: K-1 Visa Country: Philippines
Timeline

We are denied as well after submitting a bunch of evidence as we thought. We are thinking about reopening the case & including the new evidence. We just want to know what else they want from us. What are you guys doing next?

We appealed through our attorney

When you appeal you do not send more evidence but show in the appeal the reasons why and how the USCIS made it's mistakes such as such as making statements or using an opinion of the adjudicator that the court sentencing was not sufficient.

This is where USCIS gets in hot water if they $5#2 with the wrong person with the financial means and determination to fight them.

They allow inexperienced/uneducated/unqualified staff adjudicate these cases under the supervision of their leadership with the same issues.

Good Luck with starting over it will be a long road; my prayers are with you.

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Filed: AOS (pnd) Country: Russia
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We are trying to consult different lawyers at the moment & everybody gives different information.

One lawyer advises us to do the motion to reopen & reconsider & give some more evidence & if this is doesn't work then to appeal. And they say that we are safe while the case is pending.

Another lawyer says that we are not safe since besides the denial for the petition we received the denial for I-485 where it pretty much says that I have to leave the country. & this lawyer says that they may come & force me to leave. Did you get the denial for I-485 as well? Did you even hear about something like that happening before? I mean about PHYSICALLY (coming to the house) forcing the spouse of an american citizen to leave the country? We are scared to death. And this lawyer recommends to start everything over... from the very beginning to refile all we had.

We are so confused & have absolutely no idea what to do.

We appealed through our attorney

When you appeal you do not send more evidence but show in the appeal the reasons why and how the USCIS made it's mistakes such as such as making statements or using an opinion of the adjudicator that the court sentencing was not sufficient.

This is where USCIS gets in hot water if they $5#2 with the wrong person with the financial means and determination to fight them.

They allow inexperienced/uneducated/unqualified staff adjudicate these cases under the supervision of their leadership with the same issues.

Good Luck with starting over it will be a long road; my prayers are with you.

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